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Terms of Use

Terms of Use
MAXST Website Terms of Use (TOU)
In this Web Site Terms of Use (â€œTOUâ€), we, MAXST Co., Ltd. (â€œMAXSTâ€), set forth the terms by which you may use our sites including this and other web sites that we operate and on which we post a direct link to this statement (collectively the "Site"). By using the Site, you are agreeing to this TOU. If you do not agree to this TOU, you may not and should not use the Site.
1. Copyright Notice and Use of the Site.
The contents of the Site are protected by the copyright and other laws of the Republic of Korea, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written agreement you have MAXST, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this site. Use of products or services from MAXST is not permitted under these TOU and requires a separate written agreement with MAXST, as applicable. You may download content from this site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with MAXST), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include MAXST's copyright notice: â“’ Copyright 2010-2017 MAXST Co., Ltd. All rights reserved.
Nothing in these materials is an offer to sell any of the components or devices referenced herein.
2. Links.
This website may contain links to third party web sites which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. You agree to review and accept such terms of use prior to using such third party web sites.
MAXST makes no representations whatsoever about any third party web site which you may access through the website. When you access a third party web site, you agree that it is independent from MAXST, and that MAXST has no control over any content on that web site. In addition, a link to a third party web site does not mean that MAXST accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
3. Additional Terms for Forums, Blogs, and Other Social Media.
Our Site may provide one or more forums, blogs, or other interactive or social media features (â€œForumsâ€) for visitors to our Site to exchange information with each other and with MAXST about the MAXST products and services (the â€œPurposeâ€). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:
a. Restrictions.
You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a â€œShareâ€ function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.
b. Postings Not Necessarily the Opinion of MAXST.
Some of the individuals posting to Forums work for MAXST; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of MAXST.
c. Postings.
Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and MAXST will not be held responsible for any message or associated content.
If you post any messages, uploading files, inputting data, or engage in any other form of communication through the Forums (a â€œPostingâ€), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. For the purposes of this section, references to â€œyour useâ€ of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.
When using the Forums and viewing Postings, you need to be aware of the following issues:
1. The Forums may include contributions from various sources over which MAXST has no control (including any content submitted by third party users).
2. MAXST does not pre-screen or exercise editorial control over Postings, and takes no responsibility for such Postings.
3. MAXST reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe MAXST, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and MAXST will not be liable in relation to the removal of, or failure to remove, any Postings.
d. License.
By adding a Posting to the Forum, you are granting MAXST a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction without MAXST owing any monies to you whatsoever.
e. MAXST Employees.
If you are a MAXST employee, you must also follow the MAXST Social Media Policy in your Postings.
f. Posting Guidelines.
Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.
4. Privacy.
In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy which is available at [https://developer.maxst.com/MD/maxst/privacy](https://developer.maxst.com/MD/maxst/privacy). By agreeing to this TOU you are agreeing to our Privacy Policy. Information, including but not limited to personal information, collected through the Site may be stored and processed in the Republic of Korea or any other country in which MAXST or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.
5. Disclaimer.
The materials on the Site and on the Forums are provided "as is" and without warranties of any kind either express or implied. Commentary and other materials posted on the Site and Forums are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance.
To the fullest extent permissible pursuant to applicable law, MAXST disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. MAXST does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. MAXST does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not MAXST or its licensors) assume the entire cost of all necessary maintenance, repair, or correction.
6. Limitation of liability.
Under no circumstances, including, but not limited to, negligence, shall MAXST, its subsidiaries and affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. Under no circumstances shall MAXSTâ€™s aggregate liability exceed $5.00. You specifically acknowledge and agree that MAXST, its subsidiaries and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.
7. Notices of copyright infringement.
Notifications of claimed copyright infringement should be sent to MAXSTâ€™s Help Desk in writing at the following address:
MAXST Co., Ltd
06628, 6th fl, Clifford bldg,
315, Gangnam-daero, Seocho-gu,
Seoul, Korea
Telephone Number: +82-2-585-9566
Facsimile Number: +82-2-586-9566
To be effective, the Notification must include the following:
posted at or on the Forums, you agree to the following:
a. A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MAXST to locate the material on the Site;
d. Information reasonably sufficient to permit MAXST to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
e. A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f. A statement that the information in the notification is accurate, and if submitted by the ownerâ€™s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in 1 through 6 above MAXST shall remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that MAXST has removed or disabled access to the allegedly infringing material.
Counter Notification: To be effective, a Counter Notification must be a written communication provided to MAXSTâ€™s Help Desk at the above provided address that includes substantially the following:
1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
4. The alleged infringerâ€™s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Seoul District Court, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, MAXST shall provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that MAXST will replace the removed material or cease disabling access to it within ten (10) business days. If MAXSTâ€™s designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, PTC shall restore the allegedly infringing material.
8. Trademarks.
MAXST is a trademark of MAXST Co., Ltd, registered in the Republic of Korea and other countries. Trademarks of MAXST Co., Ltd are used with permission. Certain other product names, brand names and company names mentioned in this site may be trademarks of their respective owners.
9. Modification & Termination.
This TOU is effective until modified or terminated by MAXST. MAXST may modify this TOU from time to time and the new TOU will be effective when posted. MAXST may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.
10. General.
This TOU shall be governed by and construed in accordance with the laws of the Republic of Korea without giving effect to any principles or conflicts of law. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Effective Date: July 28, 2017

Privacy Policy

Privacy Policy
MAXST Website Privacy Policy
In this Website Privacy Policy (¡°Policy¡±), we, MAXST Co., Ltd (¡°MAXST¡±), provide information about how we collect, use and transfer personally identifiable data from you, a web site visitor, through https://www.maxst.com, https://developer.maxst.com and other web sites that we operate and on which we post a direct link to this Policy (collectively the "Site").
Scope
This Policy covers only data collected through the Site and not any other data collection or processing, including, without limitation, data collection practices of other web pages to which we link or data that we or our affiliates collect offline or through web sites that do not display a direct link to this Policy. Occasionally, we may refer to this Policy in notices and consent requests related to surveys and special-purpose web pages; under such circumstances, this Policy applies as modified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection).
Types of Data and Collection Methods
When you request information, subscribe to or order a product or service, register as a user, respond to an online survey or otherwise actively send us data, we may collect data such as your name, email address(es), mailing address(es) and information related to the business you represent. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information), phone number, and billing and shipping addresses. In each such instance, you will know what data we collect through the site, because you actively submit it.
When you visit the Site, we automatically receive and record information from your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access our web sites, the Internet address of web sites from which you link to our site, the computer technology you are using and your movements and preferences on our site.
Cookies.
We may use cookies, web beacons, or similar technologies to collect the information described above. A cookie is a small text file that may be stored on the hard drive of your computer or device when you access the Site. We may also use cookies to: (1) provide you with customized content or offers Site; (2) monitor Site usage; (3) remember you when you return to the Site; and (4) conduct research to improve our content and services.
We may also allow other companies such as web analytics partners, advertisers, or ad networks to set or access their cookies or web beacons (also referred to as 1x1 pixel.gifs or action tags) on the Site. For example, we may use third party advertising companies to serve ads on our behalf across the Internet or to display ads for other companies on the Site. These third-party advertising companies employ cookies and web Beacons to measure and improve the effectiveness of ads for their clients, including us. To do so, these companies may use information about your visits to the Site and other websites. This information may include: date/time of banner ad shown, their cookie, and the first three octets of the IP address. This anonymous information can also be used for online preference marketing purposes. These third parties may use information about your visits to the Site in order to provide ads about goods and services of interest to you. You are free to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the ¡°Help¡± menu of your browser to learn how to change your cookie preferences.
Collection Purposes, Use of Data
We use the data we collect for the following general purposes:
- To respond to the request that you sent us such as your request for information, or your request to subscribe to a service or purchase a product;
- To administer, protect and improve our Site and our systems;
- To better understand the preferences of our Site visitors;
- To identify server problems;
- To compile aggregated statistics about Site usage;
- To help personalize your experience of our Site;
- To improve our products and services and other internal business purposes;
- To inform you about our products and services; and,
- To the extent permitted by applicable law, we reserve the right to combine the various types of data that we collect.
- Any other use we describe at the point where we collect the information.
Interactive Features/Forums
The Site may provide interactive features (such as forums) that allow you to disclose information directly to other users. Your participation in such interactive features is completely voluntary and MAXST assumes no obligations or responsibility with respect to the information you provide or share through such interactive features. To participate in these interactive features, we may require you to register with us and provide certain information such as your name, company name, email address, location, phone number, and desired display name (which may be viewable by other users of the interactive features). We may use the information you provide during the registration process for analytical and development purposes (such as to make product or service enhancements) and to enable you to use the interactive features and to manage your account. You may also personalize our interactive features by voluntarily providing additional information such as your location, instant message contact information, web site address, occupation, and other information. Our interactive features may also allow you to upload an avatar or other graphical representation of yourself. If you voluntarily provide such additional information, it may be viewable by other users of the interactive features - so you should not provide information you do not want other users to see.
Where We Store and Process Data
The information that you provide us may be collected, transferred, and stored in various locations, including, without limitation, in the Republic of Korea or any other country in which PTC or its affiliates, subsidiaries or agents maintain facilities. It may be processed by staff operating outside the Republic of Korea who work for us, one of our affiliates or one of our suppliers. By submitting your personal data, you agree to this transfer, storing and processing.
Disclosures of Personal Information
We do not share your personally identifiable information with others, except as follows: We freely share your information within MAXST if we transfer the personal data using other legal mechanisms (e.g., consent)). We also share your information with third parties who process the data on our behalf for the purposes set forth in this Policy. We may also share your information as required by law or in the interest of protecting or exercising our or others' legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Finally, we may also share your personal information where you have granted us permission, and, we reserve the right to fully use and disclose any information collected via the Site that is not in personally identifiable form.
Opt-Out
In connection with promotions or other projects, we may ask you specifically whether you have objections against a certain kind of data use or sharing. If you opt-out under such circumstances, we will respect your decision. To opt-out of receiving further commercial email or to unsubscribe from services, please contact us at help@maxst.com. Please note that our affiliates and other data recipients have their own data privacy policies, which may differ from ours and you would have to contact them separately with respect to opt-out requests.
Retention
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Security
Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. It is your responsibility to safeguard any password and User ID you use to access the site and to notify us at help@maxst.com if you ever suspect that this password or User ID has been compromised. You are solely responsible for any unauthorized use of the site conducted via your password and User ID.
Amendments
We reserve the right to change this Policy from time to time and in our sole discretion. We reserve the right to change, modify, add or remove portions of this Policy at any time, but will alert you that changes have been made by indicating on the Policy the date it was last updated. When you visit the Site, you are accepting the current version of this Policy as posted on the Site at that time. We recommend that users revisit this Policy on occasion to learn of any changes.
Contact Us
Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this statement. You may contact us at help@maxst.com.
Effective Date: July 28, 2017

End-User License Agreement

MAXST End-User License Agreement (EULA)
Please be sure to carefully read and fully understand all terms and conditions of this End-User License Agreement (â€œEULAâ€ or â€œAgreementâ€), which is a legal agreement between you as an end user and MAXST (together the ""Parties"" and individually a ""Party"").
By accepting these terms or installing, copying, or otherwise using any of MAXSTâ€™s applications, products, services, software or websites provided or made available by or on behalf of MAXST, including, but not limited to, the access to content and functionalities provided or made available by or on behalf of MAXST or any third party (â€œContentâ€), or the use of such applications, products, services, software, websites and server infrastructure or any augmented reality application or browser (together the â€œProductâ€), you are agreeing to be bound by the terms of this Agreement and you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by this Agreement, and that you have the authority to do so.
If you do not agree to be bound by the terms of this Agreement (including those documents referenced herein), no agreement will exist between you and MAXST. In this case you must not install or use the Product.
Unless otherwise agreed in writing, the legal relationship between you and MAXST is set forth solely by this Agreement and this Agreement constitute the entire agreement between you and MAXST, superseding any prior agreements between you and MAXST (including, but not limited to, any prior versions of this Agreement). However, you also may be subject to additional terms and conditions that may apply when you use other MAXSTâ€™s services or products.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE
MAXST grants you the right to use the Product under the following conditions.
The Product is licensed and not sold under this Agreement. Subject to the terms and conditions herein, this Agreement grants you a revocable, non-exclusive, and non-transferable license that permits you to use the Product.
All rights under this Agreement shall be expressly granted. MAXST reserves all rights that are not expressly granted, and you shall not have any of such rights.
MAXST is not obliged to support the Product indefinitely. You acknowledge and hereby accept that the range and nature of the Product, including, but not limited to, updates, bug fixes and patches, may be subject to temporary and/or permanent changes without prior notice.
2. SUPPORT AND MAINTENANCE
MAXST is not required to maintain the Product. MAXST can decide at its own discretion whether to unconditionally terminate all or part of the Product or its services without giving a prior notice and without your consent. You allow MAXST to install updates of the Product at any time without any further consent.
In addition, MAXST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You acknowledge and agree that MAXST shall not be liable to you or to any third party for any modification, termination, suspension or discontinuance of the Product (or any part thereof) or your access thereto.
MAXST will be under no circumstances obliged to undertake corrections of the Product or to develop updates.
3. ACCESS OR USE OF THIRD PARTY CONTENT
MAXST may provide you with access to Content of third parties who use the MAXST content interface and/or MAXST services for the purpose of developing and/or publishing Content on a MAXST mobile application or mobile webpage (â€œContent Partnerâ€).
You acknowledge and hereby accept that MAXST does not control any Content developed, published or otherwise submitted via the MAXST content interface or the MAXST services and, as such, MAXST does not guarantee the accuracy, integrity or quality of such Content made available through third party. The parties of this Agreement (i.e. you and MAXST) acknowledge that solely Content Partners will enter into a contractual relationship with you as end users for accessing or using Content; MAXST will only act on behalf of the Content Partners. MAXST does not have control of, or liability for, any Content which may be available to you; MAXST will not and cannot review the Content. The Content falls under the full and sole responsibility of the Content Partner.
Content Partner may include an additional, separate end user license agreement to the Content that will govern your rights to the Content (â€œContent Partner EULAâ€). In this case the access or use of this Content is subject to this Content Partner EULA. However, such Content Partner EULA can never and will never be allowed to precede this Agreement and MAXSTâ€™s position and rights towards you or third parties. Any Content Partner EULA applies solely between you and the Content Partner.
4. ACCESS OR USE OF PREMIUM CONTENT
You may decide to access or use Content offered to you as paid content (â€œPremium Contentâ€). In this case you are obliged to choose a proper option in accordance with the purpose or use as set forth in the pricing page and to pay the fees indicated for that Premium Content (â€œEnd User Feeâ€).
In order to access or use Premium Content you must open a user account as set forth below.
All purchases of Premium Content are final and you do not have the right to withdraw from or terminate such purchase once the access to such Premium Content has been granted. You acknowledge and hereby accept that MAXST will have no obligation to provide a refund or repayment - for whatever reason - of any amounts paid by you to MAXST or any other third party for Premium Content.
5. USER ACCOUNT
In order to use the Product, you may open a user account (â€œUser Accountâ€).
While opening the User Account you shall provide true, accurate, current and complete information about yourself as prompted by the MAXSTâ€™s registration form (such information being the ""Registration Data"") and you shall maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or MAXST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MAXST has the right to suspend or terminate your User Account and refuse any and all current or future use of the Product (or any portion thereof).
You will be able to administer your User Account through a password protected interface. You are responsible for maintaining the confidentially of your User Account and your User Account password. You are responsible for all activity that occurs via your User Account. If you have reason to believe that your User Account security has been breached it is your responsibility to notify us in a timely manner so that we can take the appropriate action in respect to your User Account.
You acknowledge and agree that MAXST may, at its sole discretion, refuse or close your User Account at any time and without any cause.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You are obliged to use the Product and any portion thereof in a responsible and law-abiding manner and in accordance with this Agreement, all applicable laws and regulations.
As a condition of your use of the Product you agree not to use the Product or any other services or products made available by MAXST for any purposes other than set forth in this Agreement.
You agree that MAXST may analyze user behavior in an anonymous way and use this information for internal purpose.
You may not at any time during this Agreement:
- copy, deliver or distribute the Product without written permit from MAXST;
- reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation,
- sell, rent, lend, convey, redistribute, sublicense, lease, resell, or otherwise transfer for value, to any third party all or any part of the Product,
- use the Product in any manner or for any purpose that violates any applicable law, any right of any third person, including, but not limited to, intellectual property rights, rights of privacy, or rights of publicity, or in any manner inconsistent with this Agreement,
- use the Product intentionally to encourage or promote copyright infringement or the exploitation of copyright infringing materials.
7. COPYRIGHT
The Product is protected by copyright and other intellectual property laws and treaties. MAXST owns the title, copyright, and other intellectual property rights in the Product.
8. LIMITATION OF LIABILITY 1
You expressly understand and agree that:
- Your use of the Product is at your sole risk. The Product is provided on an â€œAS ISâ€ and â€œAS AVAILABLEâ€ basis.
- MAXST expressly disclaims all warranties, endorsements, guarantees, conditions and representations, whether express or implied, including, but not limited to, any conditions, endorsements, guarantees, representations or warranties of durability, merchantability, satisfactory quality, accuracy, title, non-infringement and fitness for a particular purpose or use, or arising from a statute or custom or a course of dealing or usage of trade.
- Any material or software downloaded or otherwise obtained through the use of the Product is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data or any other damage that results from download of any such material or software respectively.
- No advice or information, whether oral or written, obtained by you from MAXST create any warranty not expressly stated in the terms and conditions.
In particular, and without limiting the foregoing, MAXST makes no warranty that:
- The Product or its functionality and quality will meet your requirements and expectations.
- The Product will be uninterrupted, timely, secure, or free of deficiencies and interruptions.
- Any deficiencies and errors in the product will be corrected.
9. LIMITATION OF LIABILITY 2
You expressly understand and agree that, to the maximum extent permitted by applicable law, MAXST shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MAXST has been advised of the possibility of such damages), (i) arising out of or resulting from the use or the inability to use the Product or (ii) resulting from product warranties, end user assistance and product support with respect to Content.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability. Accordingly, some of the limitations above may not apply to you. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10. INDEMNIFICATION
You agree to indemnify, defend and hold MAXST and its affiliates and their respective directors, officers, employees, co-branders and independent contractors harmless from and against any loss, liability, claim, demand, damages, costs and expenses including reasonable lawyer fees and disbursements, made by any third party due to or arising out of your use of the Product, a violation of any applicable laws or a violation of this Agreement.
11. INTELLECTUAL PROPERTY
We respect the Intellectual Property Rights of others and we prohibit users and Content Partners from using, uploading, posting, publishing or otherwise submitting any materials that violate third party's Intellectual Property Rights. â€œIntellectual Property Rightsâ€œ means all intellectual property rights, industrial property rights and other similar rights recognized throughout the world, whether existing under statute or at common law or equity, now or hereafter in force or recognized, including: (i) copyrights, rights in trade secrets, rights in marks, patents, design rights, data base rights, rights in processes, rights in methods, moral rights, mask work rights, publicity and personality rights, and privacy rights; and (ii) any application or right to apply for any of the rights referred to in paragraph (i), and all enhancements, improvements, renewals, extensions and restorations.
All right, title and interest, including, but not limited to, Intellectual Property Rights, in and to the Product are owned by MAXST.
This Agreement does not transfer any Intellectual Property Rights from MAXST to you or any third parties. If you infringe the Intellectual Property Rights of MAXST or other third parties, MAXST may, in its sole discretion, terminate or deny access to and use of the Product.
12. PRIVACY
By submitting personal information to MAXST, including, but not limited to, your name, address, your unique device id and your current location data and other personal information, you consent to the collection, processing, transmission, use, retention and disclosure of such information by MAXST for any purposes set out in MAXSTâ€™s privacy policy as modified from time to time in its sole and reasonable discretion.
If you withdraw your consent to the collection, use, processing, transmission and/or disclosure of such personal information, MAXST will immediately cease to collect, use, process, transmit and/or disclose the personal information or perform any other actions for which the end userâ€™s consent has been withdrawn.
13. TERMINATION
Without prejudice to any other rights, MAXST may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Product and all of its component parts.
These terms and conditions terminate automatically at any time by deleting or closing your User Account, notifying MAXST or discontinuing the use of the Product.
Termination does not affect your liability or obligations under this Agreement.
MAXST holds the sole right to modify or replace this Agreement. If changes have been made, a new version of this Agreement will be published and made available at [developer.maxst.com](https://developer.maxst.com).
It is agreed that the continued utilization of the Product after the publication of a new version or modification of this Agreement will be regarded as an acceptance of the new or modified Agreement. If you do not wish to be bound by the new version or modification of the Agreement, you must not use the Product.
14. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Korea.
Both Parties irrevocably agree that the courts of the Republic of Korea shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
15. MISCELLANEOUS
This Agreement is the entire agreement between you and MAXST concerning the subject matter herein, and supersedes all prior communications, proposals and representations with respect to the Product or any other subject matter covered herein.
Except as provided in this Agreement, neither Party may use the names, trademarks, trade names, domain names or other designation of the other Party without the written approval of the other Party.
The failure of any Party at any time to enforce or require performance of any provision hereof shall in no way operate as a waiver or affect the right of such Party at a later time to enforce the same. Any waiver of an obligation, agreement or condition contained herein shall be valid and effective only if in writing and signed by the Party to whom such compliance is owed. No such waiver shall be deemed to be a waiver of any subsequent breach, claim or failure to perform or of any obligation, agreement or condition other than the one expressly waived.
If any provision of this Agreement is held invalid or unenforceable, all other provisions of this Agreement will remain in full force and effect.